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McGEE STREET PRODUCTIONS v. WORKERS' COMPENSATION APPEALS BD.

No. B162142.

133 Cal.Rptr.2d 813 (2003)

108 Cal.App.4th 717

McGEE STREET PRODUCTIONS et al., Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and Gabrielle Peterson, Respondents.

Court of Appeals of California, Second District, Division Eight.

Rehearing Denied June 9, 2003.

Attorney(s) appearing for the Case

Graves, Roberson & Bourassa and Stephen D. Roberson, Thousands Oaks, for Petitioners.

Bagby, Gajdos & Zachary and George J. Gajdos, Santa Ana, for Respondent Gabrielle Peterson.

No appearance for Respondent Workers' Compensation Appeals Board.

RUBIN, J.

We hold the Workers' Compensation Appeals Board (the Board) may not allow joinder of a new party after the expiration of the one-year statute of limitations for the filing of a serious and willful misconduct claim. (Lab.Code, § 5407.)1 Accordingly, we annul the WCAB order in this case that permitted joinder.

FACTUAL AND PROCEDURAL BACKGROUND

The underlying facts are undisputed. Kenneth Peterson (Peterson...

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